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Homeowner Insurance Rights Regarding Asbestos Abatement

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Our insurance company (State Farm) says they will not cover replacement of our belongings or asbestos abatement because we "cannot prove that the asbestos spill was a result of the fire".

Background:

I own a condo in Golden, Colorado. It was built in the 1970s and is part of an HOA covenant. Three months ago, our next door neighbors started a fire that spread to our condo. Fortunately, it was extinguished before it spread past our front door/front wall of the condo. Most of the damage is smoke/soot damage and damage to the ceiling in three areas (living room, bathroom, and master bedroom) from the fire department making holes in the ceiling to make sure the fire did not spread.

The HOA then did asbestos testing following the fire, which was positive in the texture of our walls but was determined not to be disturbed enough to be considered a spill. We then did a second round of asbestos testing with dust wipes on a few of our belongings to verify that these were indeed clean. One wipe came up positive on our bedroom dresser.

We notified our insurance company of this. They want to just wash our clothes/belongings in the bedroom rather than replace them. But, if asbestos came up positive on the only belonging the bedroom to be tested, one would assume it is also present on some other belongings. From my understanding, soft materials like clothing and bedding generally are recommended to be replaced rather than cleaned if they are contaminated with asbestos. Given that our ceiling in the bedroom was disturbed with debris and insulation spilling into the bedroom, it seems obvious to me that the asbestos on our dresser came from this. We have not done any repairs or disturbed any walls/ceiling in the bedroom prior to the fire.

The insurance company is arguing that there is no way to prove this came from the fire and so they refuse to replace our belongings and abate the asbestos. This seems ridiculous to me, as you cannot prove that they didn't come from the fire either, but this is the only logical cause that makes sense.

I am wondering if I have enough of a case to seek legal counsel or if anyone has experience with this and our rights regarding asbestos abatement/insurance reimbursement in the case of a fire.

Thanks in advance!

submitted by /u/Extreme_Biscotti3818
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